Real Estate services

Tax and legal compliance of Real Estate investors

We study the specific circumstances to fully comply with the Spanish Revenue Services while minimizing your tax burden.

Taxation of properties is one of the key aspects to take into consideration when planning to invest abroad. Transfer Tax, Stamp Duty, Real Estate Tax, Plusvalía Tax, Capital Gain, ...; some of these taxes affect the buyer of the property, others affect the seller, some of them are annually payable, others are one off payment...

We study the network of Tax Agreements among Spain and other countries (more than a hundred into force in fiscal year 2016), the benefits of applicable EU Directives and Spanish domestic legislation. We will detail taxes affecting the investment so that you can know in advance how to optimize the compliance of any fiscal obligations. We will take care that no 'surprise tax' arises in your transaction.

For instance, when buying from a non-resident it is required to subtract part of the purchase price and pay it to the Spanish Tax Office within 30 days of the transaction. The payment, a type of deposit, is a 'guarantee' against a vendor trying to avoid paying capital gains. If buyer fails to subtract and pay this withholding tax, he can be liable to pay CGT due on the sale and could also be heavily fined.

Property can be registered in a single name; names of a couple or joint buyers' names; the name or names of children, giving the parents sole use during their lifetime; or in the name of a Spanish or foreign company. Before registering the deed of a home, carefully consider the tax and inheritance consequences for those in whose name the deed will be registered.

Legal and tehcnical advice to investors and propietors

We are familiar with the obtention of the Golden visa for property investors, granted by the Spanish law. We can check in advance all requirements are met and guide you through the whole process.

Our team of arquitects can process with guarantees and efficiency any technical documentation required to buy or rent properties (cédula de habitabilidad, certificado energetico, …) ot to handle the renaming of contracts of supplies companies (gas, electricity, water, internet services, …).

Letting a property can help covering the running costs or mortgage payments. If this is the case, it is important to consider all aspects in advance. For instance, if you let a property in Spain you’re required by law to pay tax on your rental income in Spain and not in the country where the income is received. Also short-term ‘tourist’ letting have detailed regulations (and severe fines for offenders).

Housing contruction and refurbishment:

We are a team of lawyers and architects with 50 years of experience in the field of housing construction in Spain, and if it be your will to build your own property or block of apartments, we can offer a 360º perspective on the whole process, from the obtention of legal permissions and financing, to the successful delivery of works.

Our experience in the field of housing construction and refurbishment can also be useful to obtain licenses for improvements (to open/close terraces, install new climate systems, ensure green belts around the property are respected, …) or to evaluate ideas by renamed interior designers and decorators (portfolio available of high-profile finished projects in best locations around Catalonia).